Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is a response to Applicant’s communication filed on March 23, 2026. Application No. 18/021,284, is a 371 of PCT/US2021/045929, filed August 13, 2021, and claims the benefit of U.S. Provisional application No. 63/065,701, filed August 14, 2020. In a preliminary amendment filed February 14, 2023, Applicant cancelled claims 20-28. Claims 1-19 are pending.
Election/Restrictions
Applicant’s elections without traverse of the invention of Group II and the compound species S2, in the reply filed on March 23, 2026, are acknowledged. Claims 1-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention. Claims 15-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species. The elections were made without traverse in the reply filed on March 23, 2026.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 7-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are drawn to a treatment; as opposed to “a method of treatment”. Appropriate correction is required.
Claim Rejections - 35 USC § 102(a)(1)
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bassler, U.S. Patent No. 9,751,851. Bassler discloses a method of treating a gram negative bacterial infection comprising a cationic antimicrobial protein (CAP) in conjunction with a compound of formula I, the elected species, Compound S2, N-(2-(trifluoromethyl)pyridine-4-yl)dodecanamide. See Bassler et al., ‘’851 patent, Table 2, Col. 34, Compound 10 (i.e., Compound S2); see also Id., Col. 20, ln. 59, for treating a CAP bacterial infection; specifically see Id., ln. 65 for CAP is colistin.
Conclusion
No claims are allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached on Monday - Friday, 9:00 a.m. -5:00 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached on (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY R ROZOF/
Primary Examiner, Art Unit 1625
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